Estate of Humbert Weaver

Case Number

22PR00376

Case Type

Hearing Date / Time

Tue, 05/14/2024 - 09:00

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.  Failure to appear will result in denial.

The following defects must be corrected before the hearing:

Proof of Service of Notice of Hearing (Form DE-120) for petition.  Amended petitions must be served in the same manner as the original petition. (CRC. Rule 7.53(a).) The amended petition filed on March 26, 2024, was not served on any person entitled to notice.  Neither was the supplement filed on November 29, 2023.  Supplements must be service on all persons entitled to notice of the petition.  (CRC, Rule 7.53(b).)

Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 11601 & 1220.) Notice must be sent to the person, not the person’s representative. (§1220.)

Since neither the Amended petition, nor the supplement to the previous petition has been served, the Court cannot consider them at this hearing.

Proposed Order.  The proposed order on Local Form SC-6029, submitted February 21, 2024, does not match the relief requested in the amended petition. The proposed order should be corrected and re-submitted.